Supreme Court Rules - Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions: Misdemeanors or Felonies - Disclosure by State to Defendant Without Court Order

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	25.03
Subject:	Rule 25 - Rules of Criminal Procedure - Misdemeanors or Felonies - Disclosure and Depositions	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Disclosure by State to Defendant Without Court Order	Revised / Effective Date:	July 1, 2022

25.03 MISDEMEANORS OR FELONIES - DISCLOSURE BY STATE TO DEFENDANT WITHOUT COURT ORDER

(

) Disclosure upon filing of felony complaint. Except as otherwise provided in these Rules, the state shall, upon written request of defendant's counsel, disclose to defendant's counsel the following material and information in the possession of the prosecutor: any arrest reports, incident reports, investigative reports, written or recorded statements, documents, photographs, video, electronic communications and electronic data that relate to the offense for which defendant is charged.

(

) Disclosure after indictment or filing of information. Except as otherwise provided in these Rules, the state shall, upon written request of defendant's counsel, disclose to defendant's counsel the following material and information within its possession or control designated in the request:

(1) Any arrest reports, incident reports, investigative reports, written or recorded statements, documents, photographs, video, electronic communications and electronic data that relate to the offense for which defendant is charged;

(2) The names and last known addresses of persons whom the state intends to call as witnesses at any hearing or at the trial, together with their written or recorded statements, and existing memoranda, reporting or summarizing part or all of their oral statements;

(3) Any written or recorded statements and the substance of any oral statements made by defendant, a co-defendant or a co-actor, a list of all witnesses to the making of the statements and a list of all witnesses to the acknowledgment of the statements including the last known addresses of the witnesses;

(4) Those portions of any existing transcript of grand jury proceedings that relate to the offense with which defendant is charged, containing testimony of defendant and testimony of persons whom the state intends to call as witnesses at a hearing or trial;

(5) Any existing transcript of the preliminary hearing and of any prior trial held in defendant's case if the state has the transcript in its possession;

(6) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons;

(7) Any books, papers, documents, photographs, video, electronic communications, electronic data, or objects that the state intends to introduce into evidence at the hearing or trial or that were obtained from or belong to defendant;

(8) Any record of prior criminal convictions, pleas of guilty, findings of guilt, and pleas of nolo contendere of persons the state intends to call as witnesses at a hearing or the trial; and

(9) Any photographic or electronic surveillance (including wiretapping) of defendant or of conversations to which defendant was a party or of defendant's premises, relating to the offense charged. This disclosure shall be in the form of a written statement by counsel for the state briefly setting out the facts pertaining to the time, place, and persons making the photographic or electronic surveillance.

(

)

The request provided for by this Rule shall be made by filing the request in the court where the case is pending and serving a copy of the request upon counsel for

the state.

(

)

The state may redact from any document it provides to defendant's counsel the following information: taxpayer identification number, the first five digits of a social security number, driver's license number, financial account number, personal identification code (PIN), electronic password of a victim or witness, or the actual address or mailing address of a participant in an address confidentiality program administered by the Missouri Secretary of State, but must do so in a manner that makes it clear that the information has been redacted.

(

)

The state may elect to provide a separate copy of a redacted document to defendant's counsel to be delivered to defendant and designated as "Defendant's Copy." If the state provides a redacted document designated as "Defendant's Copy," in addition to the information permitted to be redacted pursuant to Rule 25.03(d), the state may also redact from "Defendant's Copy" of the document the following information: date of birth, home address, work address, and personal phone number and work phone number of a victim or witness. However, the redaction must be done in a manner that makes it clear the information has been redacted from the document. Defendant's counsel shall be provided a separate document designated as "Lawyer Copy Only – Not for Defendant" that includes the information that has been redacted from the document pursuant to Rule 25.03(e). If defendant's counsel is provided with a redacted document by the state designated as "Defendant's Copy," only that copy shall be provided to defendant. Defendant's counsel shall not provide to defendant the unredacted document or any information redacted from the document pursuant to this Rule without court approval. For any document designated "Defendant's Copy" or "Lawyer Copy Only – Not for Defendant," every page of the respective document shall be so designated.

(

)

Defendant is not entitled to the information redacted from a document as provided in Rule 25.03(d) or (e) unless the court determines after a showing of good cause that the disclosure of the information is necessary for the defense of the case.

(

)

The state shall, without written request, disclose to defendant any material or information that tends to negate the guilt of defendant for the charged offense, mitigate the degree of the offense charged, reduce the punishment of the offense charged, and any additional material or information that would be required to be disclosed to comply with

Brady v. Maryland

, 373 U.S. 83 (1963),

Giglio v. United States

, 405 U.S. 150 (1972) and their progeny.

(

)

If material or information would be discoverable under subsections (b) and (g) of this Rule if in the possession or control of the state, but is in possession or control of other governmental personnel, the state shall use diligence and make good faith efforts to make the material or information available to defendant. If the state’s efforts are unsuccessful and the material or information or other governmental personnel are subject to the jurisdiction of the court, the court, upon request, shall issue subpoenas or orders to cause the material or information to be made available to the state for disclosure to the defense.

Committee Note - 1979

This is the same as prior Rule 25.32.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 19, 2017, eff. July 1, 2018; June 21, 2018, eff. July 1, 2018. L.2019 S.B. No. 224 purports to amend this rule. Amended Oct. 26, 2021, eff. Jul. 1, 2022.)